Federal Register / Vol. 88, No. 239 / Thursday, December 14, 2023 / Notices 86677 

1The record is defined in § 207.2(f) of the 

Commission’s Rules of Practice and Procedure (19 

CFR 207.2(f)). 

2 88 FR 81043 and 88 FR 81053 (November 21, 

2023). 

INTERNATIONAL TRADE 

COMMISSION 

[Investigation Nos. 701–TA–699–702 and 

731–TA–1659–1660 (Preliminary)] 

Frozen Warmwater Shrimp From 

Ecuador, India, Indonesia, and Vietnam 

Determinations 

On the basis of the record 1 developed 

in the subject investigations, the United 

States International Trade Commission 

(‘‘Commission’’) determines, pursuant 

to the Tariff Act of 1930 (‘‘the Act’’), 

that there is a reasonable indication that 

an industry in the United States is 

materially injured by reason of imports 

of frozen warmwater shrimp from 

Ecuador and Indonesia provided for in 

subheadings 0306.17.00, 1605.21.10, 

and 1605.29.10 of the Harmonized Tariff 

Schedule of the United States, that are 

alleged to be sold in the United States 

at less than fair value (‘‘LTFV’’) and 

imports of the subject merchandise from 

Ecuador, India, Indonesia, and Vietnam 

that are alleged to be subsidized by the 

governments of Ecuador, India, 

Indonesia, and Vietnam.2

Commencement of Final Phase 

Investigations 

Pursuant to section 207.18 of the 

Commission’s rules, the Commission 

also gives notice of the commencement 

of the final phase of its investigations. 

The Commission will issue a final phase 

notice of scheduling, which will be 

published in the Federal Register as 

provided in § 207.21 of the 

Commission’s rules, upon notice from 

the U.S. Department of Commerce 

(‘‘Commerce’’) of affirmative 

preliminary determinations in the 

investigations under §§ 703(b) or 733(b) 

of the Act, or, if the preliminary 

determinations are negative, upon 

notice of affirmative final 

determinations in those investigations 

under §§ 705(a) or 735(a) of the Act. 

Parties that filed entries of appearance 

in the preliminary phase of the 

investigations need not enter a separate 

appearance for the final phase of the 

investigations. Any other party may file 

an entry of appearance for the final 

phase of the investigations after 

publication of the final phase notice of 

scheduling. Industrial users, and, if the 

merchandise under investigation is sold 

at the retail level, representative 

consumer organizations have the right 

to appear as parties in Commission 

antidumping and countervailing duty 

investigations. The Secretary will 

prepare a public service list containing 

the names and addresses of all persons, 

or their representatives, who are parties 

to the investigations. As provided in 

section 207.20 of the Commission’s 

rules, the Director of the Office of 

Investigations will circulate draft 

questionnaires for the final phase of the 

investigations to parties to the 

investigations, placing copies on the 

Commission’s Electronic Document 

Information System (EDIS, https://

edis.usitc.gov), for comment. 

Background 

On October 25, 2023, the American 

Shrimp Processors Association, Port 

Arthur, Texas, filed petitions with the 

Commission and Commerce, alleging 

that an industry in the United States is 

materially injured or threatened with 

material injury by reason of subsidized 

imports of frozen warmwater shrimp 

from Ecuador, India, Indonesia, and 

Vietnam and LTFV imports of frozen 

warmwater shrimp from Ecuador and 

Indonesia. Accordingly, effective 

October 25, 2023, the Commission 

instituted countervailing duty 

investigation Nos. 701–TA–699–702 and 

antidumping duty investigation Nos. 

731–TA–1659–1660 (Preliminary). 

Notice of the institution of the 

Commission’s investigations and of a 

public conference to be held in 

connection therewith was given by 

posting copies of the notice in the Office 

of the Secretary, U.S. International 

Trade Commission, Washington, DC, 

and by publishing the notice in the 

Federal Register of October 31, 2023 (88 

FR 74511). The Commission conducted 

its conference on November 15, 2023. 

All persons who requested the 

opportunity were permitted to 

participate. 

The Commission made these 

determinations pursuant to §§ 703(a) 

and 733(a) of the Act (19 U.S.C. 

1671b(a) and 1673b(a)). It completed 

and filed its determinations in these 

investigations on December 11, 2023. 

The views of the Commission are 

contained in USITC Publication 5482 

(December 2023), entitled Frozen 

Warmwater Shrimp from Ecuador, 

India, Indonesia, and Vietnam: 

Investigation Nos. 701–TA–699–702 and 

731–TA–1659–1660 (Preliminary). 

By order of the Commission. 

Issued: December 11, 2023. 

Lisa Barton, 

Secretary to the Commission. 

[FR Doc. 2023–27480 Filed 12–13–23; 8:45 am] 

BILLING CODE 7020–02–P 

DEPARTMENT OF LABOR 

Employment and Training 

Administration 

Labor Certification Process for the 

Temporary Employment of Foreign 

Workers in Agriculture in the United 

States: Adverse Effect Wage Rates for 

Non-Range Occupations in 2024 

AGENCY: Employment and Training 

Administration, Department of Labor. 

ACTION: Notice. 

SUMMARY: The Employment and 

Training Administration of the 

Department of Labor (DOL) is issuing 

this notice to announce the 2024 

Adverse Effect Wage Rates (AEWR) for 

the employment of temporary or 

seasonal nonimmigrant foreign workers 

(H–2A workers) to perform agricultural 

labor or services other than the herding 

or production of livestock on the range. 

AEWRs are the minimum wage rates the 

DOL has determined must be offered, 

advertised in recruitment, and paid by 

employers to H–2A workers and 

workers in corresponding employment 

so that the wages and working 

conditions of workers in the United 

States (U.S.) similarly employed will 

not be adversely affected. The AEWRs 

established in this notice are applicable 

to H–2A job opportunities that are both: 

classified in one (or more) of the six 

Standard Occupational Classification 

(SOC) codes comprising the field and 

livestock workers (combined) category, 

and located in States or regions, or 

equivalent districts or territories, in 

which the United States Department of 

Agriculture’s (USDA) Farm Labor 

Report (better known as the Farm Labor 

Survey, or FLS) reports wages. In this 

notice, DOL also announces an update 

to the average AEWR, which is used to 

calculate adjustments to required bond 

amounts for H–2A Labor Contractors. 

DATES: These rates are effective January 

1, 2024. 

FOR FURTHER INFORMATION CONTACT: 

Brian Pasternak, Administrator, Office 

of Foreign Labor Certification, 

Employment and Training 

Administration, U.S. Department of 

Labor, 200 Constitution Avenue NW, 

Room N–5311, Washington, DC 20210, 

telephone: (202) 693–8200 (this is not a 

toll-free number). Individuals with 

hearing or speech impairments may 

access the telephone numbers above via 

TTY/TDD by calling the toll-free Federal 

Information Relay Service at 1 (877) 

889–5627. 

SUPPLEMENTARY INFORMATION: The U.S. 

Citizenship and Immigration Services of 

the Department of Homeland Security 


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86678 Federal Register / Vol. 88, No. 239 / Thursday, December 14, 2023 / Notices 

1 In the event an employer’s job opportunity 

requires the performance of agricultural labor or 

services that are not encompassed in a single SOC 

code’s description and tasks, the applicable AEWR 

will be the highest AEWR for all applicable SOCs. 

See 20 CFR 655.120(b)(5). 

2See 88 FR at 12775; see also Labor Certification 

Process for the Temporary Employment of Foreign 

Workers in Agriculture in the United States: 

Adverse Effect Wage Rate Updates for Non-Range 

Occupations, 88 FR 39482 (Jun. 16, 2023). 

3See U.S. Dep’t of Agriculture, Nat’l Agricultural 

Statistics Service, Farm Labor: Annual Average 

Gross Wage Rates by Type of Worker—Regions and 

United States: 2022 and 2023 (Nov. 22, 2023), pp. 

25–26, available at https://downloads.usda.library.

cornell.edu/usda-esmis/files/x920fw89s/v405tw18s/ 

dn39zk84n/fmla1123.pdf. 

will not approve an employer’s petition 

for the admission of H–2A 

nonimmigrant temporary and seasonal 

agricultural workers into the U.S. unless 

the petitioner has received an H–2A 

labor certification from DOL. The labor 

certification provides that: (1) there are 

not sufficient U.S. workers who are able, 

willing, and qualified and who will be 

available at the time and place needed 

to perform the labor or services for 

which the employer desires to hire 

temporary foreign workers; and (2) the 

employment of the foreign worker(s) in 

such labor or services will not adversely 

affect the wages and working conditions 

of workers in the U.S. similarly 

employed. See 8 U.S.C. 

1101(a)(15)(H)(ii)(a), 1184(c)(1), and 

1188(a); 8 CFR 214.2(h)(5); 20 CFR 

655.100. 

FLS-Based AEWR Updates 

DOL’s H–2A regulations at 20 CFR 

655.122(l) provide that employers must 

pay their H–2A workers and workers in 

corresponding employment at least the 

highest of: (i) the AEWR; (ii) a 

prevailing wage rate if the Office of 

Foreign Labor Certification (OFLC) 

Administrator has approved a prevailing 

wage survey for the applicable crop or 

agricultural activity and, if applicable, a 

distinct work task or tasks performed in 

that activity; (iii) the agreed-upon 

collective bargaining wage rate; (iv) the 

Federal minimum wage rate; or (v) the 

State minimum wage rate, for every 

hour or portion thereof worked during 

a pay period. Further, when the AEWR 

is adjusted during a work contract and 

is higher than the highest of the 

previous AEWR, a prevailing rate for the 

crop or agricultural activity and, if 

applicable, a distinct work task or tasks 

performed in that activity and 

geographic area, the agreed-upon 

collective bargaining wage, the Federal 

minimum wage rate, or the State 

minimum wage rate, the employer must 

pay at least that adjusted AEWR upon 

the effective date of the new rate, as 

provided in the applicable Federal 

Register Notice. See 20 CFR 

655.120(b)(3). When the AEWR is 

adjusted during a work contract and is 

lower than the wage rate that is 

guaranteed on the job order, the 

employer must continue to pay at least 

the wage rate guaranteed on the job 

order. See 20 CFR 655.120(b)(4). 

On February 28, 2023, DOL published 

a final rule, Adverse Effect Wage Rate 

Methodology for the Temporary 

Employment of H–2A Nonimmigrants in 

Non-Range Occupations in the United 

States, 88 FR 12760 (Feb. 28, 2023), to 

establish a new methodology for setting 

hourly AEWRs, effective March 30, 

2023. Pursuant to this new rule, while 

most AEWRs will continue to be based, 

as they have been since 1987, on the 

USDA FLS, AEWRs based on DOL’s 

Bureau of Labor Statistics (BLS) 

Occupational Employment and Wage 

Statistics (OEWS) survey will apply to 

H–2A job opportunities that are: (1) 

classified in SOC codes other than the 

six SOC codes comprising the field and 

livestock workers (combined) category, 

and/or (2) located in States or regions, 

or equivalent districts or territories, for 

which the USDA FLS does not report a 

wage.1

The new final rule requires the OFLC 

Administrator to publish a Federal 

Register Notice at least once in each 

calendar year to establish each AEWR. 

See 20 CFR 655.120(b)(2). The OFLC 

Administrator provides this notice by 

publishing two separate announcements 

in the Federal Register, one to update 

the non-range AEWRs based on the 

wage data reported by the USDA’s FLS, 

effective on or about January 1, and a 

second to update the non-range AEWRs 

based on data reported by the BLS 

OEWS survey, effective on or about July 

1.2

The 2024 AEWRs for all non-range 

agricultural employment classified in 

the field and livestock workers 

(combined) category are the annual 

average hourly gross wage rates for field 

and livestock workers (combined) in the 

State or region as published by the 

USDA in the November 2023 FLS.3

Accordingly, the 2024 AEWRs to be 

offered, advertised in recruitment, and 

paid for agricultural work performed by 

H–2A and workers in corresponding 

employment on and after the effective 

date of this notice are set forth in the 

table below: 

TABLE—2024 ADVERSE EFFECT WAGE

RATES

State 2024 AEWRs 

Alabama .................................... $14.68 

Arizona ...................................... 16.32 

TABLE—2024 ADVERSE EFFECT WAGE

RATES—Continued 

State 2024 AEWRs 

Arkansas ................................... 14.53 

California ................................... 19.75 

Colorado ................................... 16.63 

Connecticut ............................... 17.80 

Delaware ................................... 17.20 

Florida ....................................... 14.77 

Georgia ..................................... 14.68 

Hawaii ....................................... 18.74 

Idaho ......................................... 16.54 

Illinois ........................................ 18.18 

Indiana ...................................... 18.18 

Iowa .......................................... 17.79 

Kansas ...................................... 18.32 

Kentucky ................................... 15.14 

Louisiana .................................. 14.53 

Maine ........................................ 17.80 

Maryland ................................... 17.20 

Massachusetts .......................... 17.80 

Michigan ................................... 18.50 

Minnesota ................................. 18.50 

Mississippi ................................ 14.53 

Missouri .................................... 17.79 

Montana .................................... 16.54 

Nebraska .................................. 18.32 

Nevada ..................................... 16.63 

New Hampshire ........................ 17.80 

New Jersey ............................... 17.20 

New Mexico .............................. 16.32 

New York .................................. 17.80 

North Carolina .......................... 15.81 

North Dakota ............................ 18.32 

Ohio .......................................... 18.18 

Oklahoma ................................. 15.55 

Oregon ...................................... 19.25 

Pennsylvania ............................ 17.20 

Rhode Island ............................ 17.80 

South Carolina .......................... 14.68 

South Dakota ............................ 18.32 

Tennessee ................................ 15.14 

Texas ........................................ 15.55 

Utah .......................................... 16.63 

Vermont .................................... 17.80 

Virginia ...................................... 15.81 

Washington ............................... 19.25 

West Virginia ............................ 15.14 

Wisconsin ................................. 18.50 

Wyoming ................................... 16.54 

The AEWRs set forth in the table 

above are the AEWRs applicable to the 

following SOC titles and codes: 

Farmworkers and Laborers, Crop, 

Nursery, and Greenhouse (45–2092), 

Farmworkers, Farm, Ranch, and 

Aquacultural Animals (45–2093); 

Agricultural Equipment Operators (45– 

2091); Packers and Packagers, Hand 

(53–7064); Graders and Sorters, 

Agricultural Products (45–2041); and 

All Other Agricultural Workers (45– 

2099). Accordingly, the simple average 

of these AEWRs constitutes the average 

AEWR, which is used to calculate the 

bond amounts required for H–2A Labor 

Contractors. See 20 CFR 655.103(b) 

(definition of average AEWR), 

655.132(c)(2)(ii) (use of average AEWR 

in calculating bond requirements). The 


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Federal Register / Vol. 88, No. 239 / Thursday, December 14, 2023 / Notices 86679 

1The regulation at 20 CFR 655.211(c)(2) states 

that the monthly AEWR is calculated based on the 

ECI for wages and salaries ‘‘for the preceding 

October—October period.’’ This regulatory language 

was intended to identify the Bureau of Labor 

Statistics’ (BLS) October publication of ECI for 

wages and salaries, which presents data for the 

September-to-September period. Accordingly, the 

most recent 12-month change in the ECI for private 

sector workers published on October 31, 2023, by 

BLS was used for establishing the monthly AEWR 

under the regulations. See https://www.bls.gov/ 

news.release/archives/eci_10312023.pdf. The ECI 

for private sector workers was used rather than the 

ECI for all civilian workers given the characteristics 

of the H–2A herder workforce. 

simple average is calculated by finding 

the sum of the AEWRs listed in the table 

above, then dividing by the total 

number of AEWRs, which is currently 

49 ($831.98/49 = $16.98). On and after 

the effective date of this notice, the 

average AEWR to be used to calculate 

the bond amounts required under 20 

CFR 655.132(c)(2) is $16.98. 

Authority: 20 CFR 655.120(b)(2); 20 

CFR 655.103(b). 

Lenita Jacobs-Simmons, 

Deputy Assistant Secretary for Employment 

and Training, Labor. 

[FR Doc. 2023–27435 Filed 12–13–23; 8:45 am] 

BILLING CODE 4510–FP–P 

DEPARTMENT OF LABOR 

Employment and Training 

Administration 

Labor Certification Process for the 

Temporary Employment of Foreign 

Workers in Agriculture in the United 

States: Adverse Effect Wage Rate for 

Range Occupations in 2024 

AGENCY: Employment and Training 

Administration, Department of Labor. 

ACTION: Notice. 

SUMMARY: The Employment and 

Training Administration of the 

Department of Labor (DOL) is issuing 

this notice to announce the 2024 

Adverse Effect Wage Rate (AEWR) for 

the employment of temporary or 

seasonal nonimmigrant foreign workers 

(H–2A workers) to perform herding or 

production of livestock on the range. 

AEWRs are the minimum wage rates 

DOL has determined must be offered, 

advertised in recruitment, and paid by 

employers to H–2A workers and 

workers in corresponding employment 

so that the wages and working 

conditions of workers in the United 

States (U.S.) similarly employed will 

not be adversely affected. In this notice, 

DOL announces the annual update of 

the AEWR for workers engaged in the 

herding or production of livestock on 

the range, as required by the 

methodology previously established in 

2015. 

DATES: The rate is effective January 1, 

2024. 

FOR FURTHER INFORMATION CONTACT: 

Brian Pasternak, Administrator, Office 

of Foreign Labor Certification, 

Employment and Training 

Administration, Department of Labor, 

N–5311, 200 Constitution Ave. NW, 

Washington, DC 20210, Telephone: 

(202) 693–8200 (this is not a toll-free 

number). Individuals with hearing or 

speech impairments may access the 

telephone number above via TTY by 

calling the toll-free Federal Information 

Relay Service at 1 (877) 889–5627 (TTY/ 

TDD). 

SUPPLEMENTARY INFORMATION: The U.S. 

Citizenship and Immigration Services of 

the Department of Homeland Security 

will not approve an employer’s petition 

for the admission of H–2A 

nonimmigrant temporary and seasonal 

agricultural workers in the U.S. unless 

the petitioner has received an H–2A 

labor certification from DOL. The H–2A 

labor certification provides that (1) there 

are not sufficient U.S. workers who are 

able, willing, and qualified and who 

will be available at the time and place 

needed to perform the labor or services 

for which the employer desires to hire 

temporary foreign workers; and (2) the 

employment of the foreign worker(s) in 

such labor or services will not adversely 

affect the wages and working conditions 

of workers in the U.S. similarly 

employed. See 8 U.S.C. 

1101(a)(15)(H)(ii)(a), 1184(c)(1), and 

1188(a); 8 CFR 214.2(h)(5); 20 CFR 

655.100. 

Adverse Effect Wage Rate for 2024 

DOL’s H–2A regulations covering the 

herding or production of livestock on 

the range, published in the Federal 

Register as the Temporary Agricultural 

Employment of H–2A Foreign Workers 

in the Herding or Production of 

Livestock on the Range in the United 

States, 80 FR 62958 (Oct. 16, 2015), as 

amended by Adjudication of Temporary 

and Seasonal Need for Herding and 

Production of Livestock on the Range 

Applications Under the H–2A Program, 

86 FR 71373 (Dec. 16, 2021), provide 

that employers must offer, advertise in 

recruitment, and pay each worker 

employed under 20 CFR 655.200 

through 655.235 a wage that is at least 

the highest of (1) the monthly AEWR, 

(2) the agreed-upon collective 

bargaining wage, or (3) the applicable 

minimum wage imposed by Federal or 

State law or judicial action. See 20 CFR 

655.210(g); 655.211(a)(1). Further, when 

the monthly AEWR is adjusted during a 

work contract and is higher than both 

the agreed-upon collective bargaining 

wage and the applicable minimum wage 

imposed by Federal or State law or 

judicial action in effect at the time the 

work is performed, the employer must 

pay that adjusted monthly AEWR upon 

the effective date published by DOL in 

the Federal Register. See 20 CFR 

655.211(a)(2). 

As provided in 20 CFR 655.211(c)(2), 

the monthly AEWR for range 

occupations in all States for a calendar 

year is based on the monthly AEWR for 

the previous calendar year ($1,901.21 in 

2023), adjusted by the Employment Cost 

Index (ECI) for wages and salaries 

published by the Bureau of Labor 

Statistics for the preceding October— 

October period. The 12-month change in 

the ECI for wages and salaries of private 

industry workers between September 

2022 and September 2023 was 4.5 

percent, resulting in a monthly AEWR 

for range occupations in calendar year 

2024 of $1,986.76.1 The national 

monthly AEWR rate for all range 

occupations in the H–2A program in 

2024 is calculated by multiplying the 

monthly AEWR for calendar year 2023 

by the October 2023 ECI adjustment 

($1,901.21 × 1.045 = $1,986.76) or 

$1,986.76. Accordingly, any employer 

certified or seeking certification for 

range workers must offer, advertise in 

recruitment, and pay each worker a 

wage that is at least the highest of the 

monthly AEWR of $1,986.76, the 

agreed-upon collective bargaining wage, 

or the applicable minimum wage 

imposed by Federal or State law or 

judicial action at the time work is 

performed on or after the effective date 

of this notice. 

Authority: 20 CFR 655.211(b). 

Lenita Jacobs-Simmons, 

Deputy Assistant Secretary for Employment 

and Training, Labor. 

[FR Doc. 2023–27434 Filed 12–13–23; 8:45 am] 

BILLING CODE 4510–FP–P 

DEPARTMENT OF LABOR 

Agency Information Collection 

Activities; Submission for OMB 

Review; Comment Request; PreHearing Statement (LS–18) 

ACTION: Notice of availability; request 

for comments. 

SUMMARY: The Department of Labor 

(DOL) is submitting this Office of 

Workers’ Compensation Programs 

(OWCP)-sponsored information 

collection request (ICR) to the Office of 

Management and Budget (OMB) for 


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